Tayeb Hyderally has successfully litigated employment law cases for years. His expertise and experiential knowledge in this multifaceted legal arena allows him numerous opportunities to travel and educate audiences regarding their rights and responsibilities in dealing with matters of employment law and keeping the workplace free from all forms of discriminatory actions. He is often invited to be the keynote speaker for seminars and meetings throughout the US where he is asked to share his expertise with attorneys, human resource personnel and corporate officials. Ty Hyderally also works closely with corporate officers in developing policies and procedures which help keep the workplace free from discriminatory practices. This disability discrimination case is one in which a facility engaged in discrimination by not complying with the Americans with Disabilities Act (ADA by failing to provide reasonable accommodations for a medical disability and then wrongfully terminating the employee based on the disability.
EEOC v. Henderson Nursing and Rehabilitation Center
On September 25, 2009 Nicky Thomas was employed by Henderson Nursing and Rehabilitation Center where she worked as a cook. She had worked at the facility for about 5 months when she received the diagnosis of breast cancer in February of 2010. Ms. Thomas informed her supervisor of the diagnosis. In October of 2010, Ms. Thomas required medical leave for the purpose of undergoing surgery to treat the breast cancer. Her physician provided a note which stated she would need 4 to 6 weeks of leave in order to have the surgery. According to the Equal Employment Opportunity Commission (EEOC) the company approved the medical leave. After the surgery her doctor would not release her to return to work and requested that she take an additional four weeks of medical leave related to her medical condition. Nicky Thomas was informed that she would not be granted the additional weeks of medical leave. She was then terminated for failure to report to work.
This type of disability discrimination is in violation of the ADA which provides protection for employees from discrimination that is based on a disability. The ADA further requires that employers provide reasonable accommodations for employees with disabilities. It appears that the Henderson Nursing and RehabilitationCenter failed to provide reasonable accommodations as outlined under the ADA and wrongfully terminated Ms. Thomas based on her disability. By denying Ms. Thomas the additional necessary medical leave Henderson Nursing and RehabilitationCenter was in direct violation of the ADA. They further complicated their case by terminating her based on her inability to return to work due to a medical disability which they refused to accommodate.
No Settlement Reached
Because of the discriminatory actions, the EEOC tried to reach a pre-litigation settlement through the company’s conciliation process. After the attempts at settling failed, the EEOC filed suit in the US District Court of the Eastern District of North Carolina, Western Division. The EEOC is seeking back pay, punitive and compensatory damages along with injunctive relief. The EEOC is the agency responsible for enforcing federal employment laws which prohibit employment discrimination.